Senin, 02 Juni 2014

STATEMENT BY FADEL KAMAL (REPRESENTATIVE OF THE FRENTE POLISARIO-WESTERN SAHARA SEMINAR OF THE UN SPECIAL COMMITTE OF DECOLONIZATION, IN FIJI 21 TO 23 MAY 2014

Statement by Fadel KamalRepresentative of the Frente POLISARIO- Western Sahara Seminar of the UN Special Committee of decolonization (C-24)Denaru, Nadi, Fiji21 to 23 May 2014.

Mr. Chairman, members of the Special Committee, honourable delegates,

I
would like to express, on behalf of the Saharawi people of Western
Sahara and their recognised political representatives, the Frente
POLISARIO, our sincere thanks to the Special Committee for its
invitation to participate in this seminar.

I would also
like to express our thanks to the government and people of Fiji for
their warm hospitality and for their assistance with the organization of
this important meeting.

Mr. Chairman,

Fifty-one
years have passed since Western Sahara was first placed on the list of
Non-Self-Governing Territories by the General Assembly. And yet,
Western Sahara remains Africa’s last colony, and a process of
self-determination to resolve the Territory’s status once and for all
does not appear to be any closer than when this committee last met.
This is a grave injustice for the Saharawi people, and frankly an
international disgrace.

Following Spain’s unilateral
decision to do away with its special responsibilities to the Saharawi
people, Western Sahara remains as the only Non-Self-Governing Territory
without a listed administering power. It is therefore up to the United
Nations itself to fulfil the “sacred trust” owed to the people of the
Territory, as spelled out in Chapter XI of the UN Charter. The Saharawi
people are frustrated that the United Nations has not done more to
fulfil this responsibility, and they are losing faith that the world
body will live up to its promise. Their legitimate aspirations remain
unfulfilled, while Morocco continues to obstruct the UN’s political
process, exploit Western Sahara’s natural resources, and violate the
fundamental human rights of the Saharawi people.

All we
have ever asked is simply what is required by international law, and
what has been agreed and mandated by the United Nations time and time
again: the right to exercise our legitimate right to determine our own
future.

I’d like to recall here the International Court
of Justice conclusion in its 1975 Opinion on Western Sahara, I quote
“The Court's conclusion is that the materials and information presented
to it do not establish any tie of territorial sovereignty between the
territory of Western Sahara and the Kingdom of Morocco or the
Mauritanian entity. Thus the Court has not found legal ties of such a
nature as might affect the application of resolution 1514 (XV) in the
decolonization of Western Sahara and, in particular, of the principle of
self-determination through the free and genuine expression of the will
of the peoples of the Territory.” (paragraph 162).

The
Saharawi people rightly expected to decide their own political future
when the UN Security Council endorsed the Peace Plan that was agreed by
both POLISARIO and Morocco under UN auspices in 1990. The Peace Plan
entailed a full ceasefire followed by a referendum of
self-determination. The referendum was supposed to take place within 6
months. The UN was given, and I quote, “sole and exclusive
responsibility over all matters relating to a referendum.” The Saharawi
people respected the ceasefire, but the referendum they were promised
never materialised. Morocco obstructed the referendum process because
it feared the inevitable result. Ever since, the international
community has turned a blind eye to this miscarriage of justice, and
allowed Morocco to get away with its violations of UN resolutions.

Mr. Chairman,

Despite
the many setbacks and disappointments we have experienced over the
years, the Frente POLISARIO has always been willing to cooperate with
the United Nations in search of a just and lasting solution that will
allow for the self-determination of the people of Western Sahara, as
called for by all UN Security Council resolutions. Our proposal in 2007
for a lasting and comprehensive resolution of the dispute was very much
presented in this spirit. We have always been committed to the
negotiation process, but we need a genuine and committed partner on the
other side of the table.

The Frente POLISARIO’s proposal
has the merit of not only complying fully with international law, but
also of laying out a vision for the future that would be conducive to
the establishment of friendly and cooperative relations with Morocco.
A free, fair and democratic referendum, offering a genuine choice
between different options, is of course an integral part of the plan.

On
the other hand, Morocco’s proposal for so-called autonomy, which offers
a simple confirmatory vote, is inconsistent with international law,
would not allow for self-determination as laid out in numerous General
Assembly resolutions dating back to 1960, and is intended only to
legitimize the illegal occupation of Western Sahara.

Since
2007, there have been multiple rounds of formal and informal talks
designed to overcome the impasse. These efforts have unfortunately been
in vain due to Morocco’s unwillingness to discuss anything other than
its own autonomy plan, and its refusal to consider a referendum, which
all recognize must be the basis of a genuine exercise of
self-determination. Morocco’s intention remains to sabotage the peace
process and consolidate its grip on the Territory. It is now critical
that the international community insist that Morocco complies with the
resolutions of the Security Council and with international law.

Mr. Chairman,

While
we have waited patiently for a solution, the situation of the Sahrawi
people both in the refugee camps and in the occupied areas of Western
Sahara continues to be dire.

The invasion of Western
Sahara in 1975 forced thousands of Saharawis to flee Moroccan air
strikes and seek refuge in the southwest of Algeria, where they have
been living in the most challenging conditions imaginable. The Saharawi
refugees who now number 165,000 continue to live in harsh conditions.

In
the Occupied Territories, the Sahrawi people endure a premeditated
campaign of human rights abuses, including murder, torture,
disappearance as well as harassment and intimidation. This has been
widely documented and confirmed by the UN-Secretary General,
international NGO’s, UN Special Rapporteurs and the US State Department.

The
most recent US State Department Report on the human rights situation,
published in February this year, has noted that systematic human rights
abuses continue, including arbitrary arrest and detention, the denial of
freedom of speech and association, as well as general police impunity.

On
13 May 2014 Amnesty International said that perpetrators of torture
enjoy almost "total impunity" in Morocco and Western Sahara and called
on Moroccan authorities to "end the climate of impunity".

MINURSO,
the UN Mission for the Referendum in Western Sahara, is the only UN
Peacekeeping Mission established since 1978 that does not have a mandate
to monitor and report on the human rights situation on the ground.
This is despite the fact that there are clear allegations of serious
human rights violations by Morocco, and the fact that the UN itself
supports such monitoring. This inexplicable exception to the rule
allows Morocco to continue to oppress the population in the occupied
Territory.

The UN Secretary-General recognized in his
report of April 2014, and I quote, “… the need for a more balanced and
comprehensive monitoring of human rights. He also said that, and I
quote, “the end goal remains the sustained, independent and impartial
monitoring of human rights, covering both the Territory and the camps.”
It
is a matter of great regret that once again this year the Security
Council failed to take up the Secretary-General’s clear recommendation
on this issue. Morocco claims that it respects the human rights of the
Saharawi people. But then why does it fear and protest the idea of human
rights monitoring so vigorously and why does it threaten and harass
international visitors seeking to understand the situation in the
Territory?

Mr. Chairman,

The other issue we
have repeatedly brought to the attention of previous Seminars is
Morocco’s systematic plunder of the natural resources of Western Sahara,
particularly fisheries and phosphates, in violation of international
law. Economic exploitation is another form of colonialism and is
incompatible with the Charter of the United Nations, the Declaration on
the Granting of Independence to Colonial Countries and Peoples and the
Universal Declaration of Human Rights as well as the Fourth Geneva
Convention, 1949.

The Under-Secretary-General of Legal
Affairs and the Legal Counsel of the UN, Hans Corell, reiterated in a
legal opinion delivered to the Security Council on 29 January 2002 that
Morocco is not considered as an administering power because, and I
quote, “The Madrid Agreements did not transfer sovereignty over the
territory, nor did it confer upon any of the signatories the status of
an administering Power - a status which Spain alone could not have
unilaterally transferred.”

Mr. Corell concluded that, and I
quote, "…if further exploration and exploitation activities were to
proceed in disregard of the interests and wishes of the people of
Western Sahara, they would be in violation of the international law
principles applicable to mineral resource activities in
Non-Self-Governing Territories".
As an illegal occupying power in
Western Sahara, Morocco is not competent legally to enter into
agreements that bind or involve the Occupied Territory and its natural
resources. As a Non-Self-Governing Territory, Western Sahara’s natural
resources must not be exploited against the wishes of the Saharawi
people. For several years, we have made our clear views on this known
to the UN and to the companies that have sought to enter into illegal
agreements with Morocco. Any illegal exploitation of the natural
resources will also be in violation of numerous UN General Assembly
Resolutions and Article 1 of both the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social
and Cultural Rights.

We welcome the call made by the UN
Secretary-General in his recent report that all parties need to respect
the applicable international law on the exploitation of natural
resources in a Non-Self-Governing Territory. We regret that the
Security Council did not reflect this in Resolution 2152 of April this
year. Morocco’s systematic plundering of the natural resources that
belong to the people of Western Sahara supports its ongoing occupation,
benefits thousands of Moroccan settlers and, in the long run, will
deprive the Saharawi people of a secure platform from which to pursue
its own national development once decolonization occurs.

We
are now at a critical turning point, as certain oil companies such as
Kosmos Energy and Cairn Energy are preparing to engage in drilling for
oil and gas offshore Western Sahara for the first time. It would be
extremely dangerous to allow this drilling to take place, and we have
brought this squarely to the attention of the UN Secretary-General and
the UN Security Council. Aside from its illegality, any drilling
offshore Western Sahara could fundamentally derail the UN settlement
process, and for this reason it must be stopped.

If the
UN’s rhetoric on conflict prevention is to mean anything, then all of
the organization’s members must dramatically step up their efforts to
resolve this dispute before it is too late.

Mr. Chairman,

I
regret to say that the international community has truly failed the
Sahrawi people. MINURSO, has not organised the promised referendum, has
failed to stop the systematic human rights abuses in the occupied
Territory, and has similarly turned a blind eye to the illegal
exploitation of our people’s natural resources.

The only
peaceful way to resolve the question of Western Sahara is through the
organisation of a free, fair and transparent referendum held under the
auspices of the United Nations and the African Union. The referendum
will not come about by wishing for it. If Morocco does not wish to
negotiate, and it appears not to, then it must be obligated to allow the
self-determination referendum to take place.

In the
meantime, the UN must mandate its Mission in Western Sahara to monitor
the human rights situation of the Saharawi people in both the territory
and the refugee camps.

The UN should also demand a halt
to the illegal exploitation of the natural resources of Western Sahara.
This exploitation is taking place against the clearly expressed wishes
of the indigenous population. The natural resources of this
Non-Self-Governing Territory must be protected until the decolonisation
process is completed.

We call on the United Nations to
establish a UN Council for the Natural Resources of Western Sahara. The
UN Council for Namibia which, among other things, legislated for and
oversaw the development of natural resources in occupied Namibia until
1990 is a good example and precedent. The UN should retain the revenues
received from the exploitation of the natural resources of Western
Sahara in trust until the Saharawi people exercise their right to
self-determination and decide their future.

The
responsibility of the UN towards the Saharawi people must be upheld.
The Special Committee must therefore do much more to bring about the
decolonisation of Western Sahara once and for all. We urge the Special
Committee to send a delegation to Western Sahara and report publicly on
its findings in accordance with UN Resolution 68/97 of December 2013
which I quote “reaffirms that the United Nations visiting missions to
the Territories are an effective means of ascertaining the situation in
the Territories, as well as the wishes and aspirations of their
inhabitants.”

Under the Article 73 of the UN Charter,
Member States have the responsibility to ensure that there is reporting
on the socio-economic conditions within a Non-Self Governing Territory.
The absence of a listed administering power for Western Sahara means
that the responsibility falls to the United Nations, through the General
Assembly and the UN presence in the Territory, to ensure that this
happens.

The Frente POLISARIO remains willing to continue
to cooperate with the UN in this endeavour, but we are not exaggerating
when we say that our people have lost patience, and time is therefore
running out. There can be no more delays.

Thank you again for the invitation and for the opportunity to share our views with you.